The intention of a defendant to commit mail fraud has to be precise and not simply "willful." The defendant must plan in advance to defraud someone, must have a precise plan in place for achieving this purpose and make use of the mail service in order to execute their scheme of fraud. Generally, mail fraud cases comprise a person who intentionally defrauded a person or company of something of value. If the intent of the defendant is "willful," the person should have been able fool the individual or company using some reasonable common good sense.
Federal prosecutors often charge individuals with fraud involving wires or mail in the absence of evidence in support of theft, or other criminal offenses. Federal laws also apply to fraud with mail that can lead to imprisonment or fines up to up to $1,000,000. Federal laws against mail fraud apply to everyone who uses the United States postal and telephone system to transfer money or make purchases. The definition of mail fraud includes everything that crosses state boundaries.
In the event that criminal intent is necessary for proving that a defendant has been involved in fraud by mail, unwitting participation in fraud could prevent a conviction. Many people are unaware of crucial facts and may have misinterpreted them to cover up their trail. The accused might not have been aware of the facts, or might be mistakenly believing that the statement was false. A conviction for mail fraud not just entail criminal fines but also a sentence of federal prison for as long as 30 years.
You will need to consider the following questions: What is the main ingredient that makes up mail fraud and wire fraud? And how can you distinguish the two? Although mail fraud is perpetrated through the postal service wire fraud involves the fraud that is committed using wires. In the past, wires were only used to cover phones. Today, wires can encompass all methods of communication such as the internet. If you've received an email that requests for sensitive information, then you could be at risk of being accused of this kind of crime.
The components of mail fraud are similar to those found in wire fraud. Both require interstate communication or electronic communications. Criminal penalties for the committing of these types of fraud is the same : prison for up to 20 years and a substantial fine. However, a conviction for fraud at a financial institution is more serious.
To be eligible for a mail or wire fraud conviction, you have to be guilty of at least one of these: the use of the United States Postal Service, an interstate private carrier or an interstate wire transfer. These methods are the most popular types of mail and wire fraud that exist, and there are a myriad of instances of each. If you're arrested for any of these crimes make sure you are prepared to defend yourself by putting up strong defense.
An attempt by a defendant to gain benefits from a false statement will not result in a conviction for mail fraud unless it's "material," or containing important details. The materiality requirement is tissue thin, and it may not be apparent to jurors. A common example of misrepresentation of the economy can be seen in commercial negotiations. The law is not clear on materiality. It is often a matter of assertions which may be "inexact," but may be false or true in other situations.